13A.04.13.01

.01 Physical Education Instructional Programs for Grades Prekindergarten—12.

A. Each local school system shall:

(1) Provide in public schools an instructional program in physical education each year with sufficient frequency and duration to meet the requirements of the State Framework for all students in grades prekindergartenó8; and

(2) Offer in public schools a standard-based physical education program in grades 9—12 which meets the requirements of the State Framework, and enables students to meet graduation requirements and to select physical education electives.

B. Maryland Physical Education Program.

(1) The physical education comprehensive instructional program shall provide a developmentally appropriate, instructional program for all students that advances the studentís knowledge, confidence, skills, and motivation to enjoy a lifetime of healthful physical activity.

(2) The comprehensive instructional program shall provide for the diversity of student needs, abilities, and interests at the early, middle, and high school learning years, and shall include all of the following Maryland Physical Education Content Standards set forth in §C of this regulation with related indicators and objectives as set forth in the State Framework.

(3) The instructional program, as it applies to grades 9—12, shall provide instruction in cardiopulmonary resuscitation that includes hands-only cardiopulmonary resuscitation and the use of an automated external defibrillator if not otherwise offered in the comprehensive health education program.

C. Maryland Physical Education Content Standards. Students shall:

(1) Demonstrate competency in a variety of motor skills and movement patterns;

(2) Apply knowledge of concepts, principles, strategies, and tactics related to movement and performance;

(3) Demonstrate the knowledge and skills to achieve and maintain a health-enhancing level of physical activity and fitness;

(4) Exhibit responsible personal and social behavior that respects self and others; and

(5) Recognize the value of physical activity for health, enjoyment, challenge, self-expression and social interaction.

D. Curriculum Documents. Consistent with Education Article, §§2-205(h) and 7-409, Annotated Code of Maryland, each local school system shall provide comprehensive physical education curriculum documents for the elementary and secondary schools under its jurisdiction that:

(1) Include the content standards set forth in §C of this regulation;

(2) Align with the State Framework, as developed by the Maryland State Department of Education in collaboration with the local school systems; and

(3) Include standards-based instructional assessments that:

(a) Periodically evaluate progress toward achievement of the content standards in §C of this regulation;

(b) Align to outcomes in the State Framework;

(c) Monitor a studentís cognitive, affective, and psychomotor progress;

(d) Include all students;

(e) Do not evaluate student dress or attendance; and

(f) Are not based on the results of a health-related fitness test.

E. A local school system may conduct a health-related fitness test as part of an annual Wellness Policy Implementation and Monitoring Plan in addition to the standards-based assessments required in §D(3) of this regulation.

F. The local school system shall develop guidelines and procedures for the support of qualified teachers as follows:

(1) Each local school system shall establish planned and continuous programs as required to adequately train its teachers, administrators, supervisors, and personnel in order to update knowledge, instructional materials, and methodology in physical education; and

(2) Each local school system shall require all physical education teachers to submit a current certificate of completion of concussion education training as set out in COMAR 13A.06.08.04.

G. Student Participation in Standards-Based Physical Education Program.

(1) Each student, including a student with a disability as defined in COMAR 13A.05.01.03B, shall have the opportunity to participate in the comprehensive standards-based physical education program required by this chapter.

(2) The local school system may not:

(a) Authorize a student to substitute other activities for a standards-based physical education program for graduation credits, such as but not limited to interscholastic sports, community-based sports, physical therapy, Junior Reserve Officer Training Corps (JROTC), or marching band;

(b) Waive the standards-based physical education requirement needed to meet graduation requirements;

(c) Excuse students from the standards-based physical education program to participate in content area classes or to complete classwork assignments in other content areas; or

(d) Withhold students from the standards-based physical education program as a punishment, unless the student is also removed from the regular classroom setting as part of an in-school suspension or similar disciplinary intervention.

(3) The local school system shall ensure that:

(a) Students with disabilities have an equal opportunity to participate in a standards-based physical education program to meet the requirements of the State Framework;

(b) Reasonable accommodations are provided to ensure students with disabilities have equal opportunity to participate to the fullest extent possible in a standards-based physical education program;

(c) Adapted, allied, or unified physical education, as defined in Education Article, §7-4B-01, Annotated Code of Maryland, is available that meets the standards-based physical education program outcomes; and

(d) An individualized action plan is developed for students who are temporarily unable to participate in the standards-based physical education program.

(4) The individualized action plan developed under §G(3)(d) shall provide appropriate learning experiences aligned with the State Framework.